Barrett: It would be unethical for me to answer that question. Feinstein: I find that distressing. Let me ask it again.
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Barrett saying that Roe/Casey should be judged as if it is a precedent is, of course, good news for pro-lifers. Democrats wish it to be instead treated as a sacrament.
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Not surprising if you understand why people treat some precedents as untouchable: because they're now so uncontroversial that nobody is ever likely to bring a serious challenge to them again.https://twitter.com/HeidiNBC/status/1316010329709719554 …
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If you actually subject Roe & Casey to the legal standards for legal precedents, they crumble in the wind. That's why Democrats demand that they be treated as something higher than law & subject to promises under oath.
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Barrett wrote an opinion on the matter in a case. She's commenting on the opinion she wrote. https://twitter.com/JillFilipovic/status/1316011548587032576 …
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Can you explain the married women comment?
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Roe is established law. It's not up for a vote. This nominee refuses to commit to upholding the law of the land.
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Dredd Scott was both established law and precedent. Was it wrong for the court to overturn it?
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Every lawyer knows that a judge can't say how he/she is going to rule on a future case when the facts aren't in.
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In fairness, the Senate plays a role in the checks & balances on SCOTUS. Changing justices is exactly how the Senate controls an out-of-control court. It is not/should not be inappropriate for a senator to ask for commitments to keep a good precedent--or to reverse a bad one.
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